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Issues:
1. Interpretation of section 40(b) of the Income-tax Act, 1961 regarding interest paid by a firm to Hindu Undivided Families (HUFs) of partners. 2. Allowance of interest claimed by an assessee when no interest is charged on amounts advanced. Issue 1: The High Court was tasked with determining the legality of the Tribunal's decision regarding the interest paid by the firm to the HUFs of the partners under section 40(b) of the Income-tax Act, 1961. The Court referred to the case law of Brij Mohan Das Laxman Das v. CIT, where it was established that interest paid to a partner representing an HUF does not fall under section 40(b). The Court concluded that if interest is paid to an HUF and the Karta is a partner in an individual capacity, it does not contravene section 40(b). Therefore, the Tribunal's decision to uphold the deletion of the addition of interest paid to the HUF under section 40(b) was deemed justified. Issue 2: The second issue revolved around the allowance of interest claimed by the assessee despite not charging any interest on the amounts advanced. The Court examined the facts presented, where the firm had not charged interest on loans advanced to M/s. Shiv Refiners due to difficulties in recovering the principal amount. The Income-tax Officer had initially accepted this stance until a later point when the Department changed its position. The Court held that since the principal amount recovery was uncertain, the decision not to charge interest was a prudent business move by the assessee. Consequently, the Tribunal's deletion of the addition of interest on the loan advanced to M/s. Shiv Refiners was deemed justifiable. In conclusion, the High Court answered both questions in favor of the assessee and against the Revenue, affirming the Tribunal's decisions. The Court emphasized the legal interpretations of section 40(b) and the prudent business decisions made by the assessee regarding interest charges, leading to the dismissal of the Revenue's claims.
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